Terms of Service
Last Updated: Dec 01, 2016
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. GUIDES SHALL KNOW AND UNDERSTAND STATE LAW WHERE THEY OPERATE; REVIEW LOCAL LAWS BEFORE LISTING A TOUR ON GOGTOUR. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT.
TERMS OF SERVICE
If you are using the Site, Application or Service, you are contracting with GoGtour Inc. with respect to the use of the GoGtour Site, Application or Services.
GoGtour provides an online platform that connects Guides who have accommodations (or not), transportation facilities (or not), accessories (or not) for a journey to rent with Travelers seek to rent such Tours (collectively, the "Services" ), which Services are accessible at http://gogtour.com/ and as applications for mobile devices (the "Application" ).
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.These Terms constitute the entire and exclusive understanding and agreement between GoGtour and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tours made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GoGtour and you regarding bookings or listings of Tours, the Site, Application, Services, and Collective Content.
"GoGtour Content" means all Content that GoGtour makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and GoGtour Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Traveler, Explorer" means a Member who requests from a Guide a booking of a Tour via the Site, Application or Services.
"Guide, Tour Guide, Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means a Tour that is listed by a Guide as available for booking via the Site, Application, and Services.
"Member" means a person who completes GoGtour's account registration process, including but not limited to Guides and Travelers.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tour, A Tour, The Tour" means one or many Routes .
"Route, A Route, The Route" means a part of The Tour as a short journey, including the places you visit, the transportation facilities, the accommodation, the accessories or the meals provided.
GoGtour reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Traveler Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking The Tour . Such Tours are included in Listings on the Site, Application and Services by Guides. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book A Tour or create a Listing, you must first register to create an GoGtour Account.
As stated above, GoGtour makes available an online platform or marketplace with related technology for Travelers and Guides to meet online and arrange for bookings of Tours directly with each other.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE GUIDES AND TRAVELERS CONNECTING AND BOOKING TOURS DIRECTLY WITH EACH OTHER. GOGTOUR CAN NOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. GOGTOUR IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS MADE OR ACCEPTED, ANY GUIDE AND TRAVELLER INFORMATION PROVIDED ARE AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book a Tour or create a Listing, you must register to create an account ("GoGtour Account") and become a Member. You may register to join the Services directly via the Site or Application. You can also register to join by logging into your account with certain third-party social networking sites ("SNS").
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GoGtour reserves the right to suspend or terminate your GoGtour Account and your access to the Site, Application and Services if you create more than one (1) GoGtour Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. GoGtour is not responsible for any conflicts or crimes arise due to inaccurate, fraudulent, not current or incomplete information provided.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GoGtour Account, whether or not you have authorized such activities or actions. You will immediately notify GoGtour of any unauthorized use of your GoGtour Account.
KEEP YOUR PASSWORD SAFE. YOU ARE RESPONSIBLE FOR ANY ACTIVITIES UNDER YOUR GOGTOUR ACCOUNT.
As a Member, you may create Listings. In order to be featured in Listings via the Site, Application and Services, all Tours must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Tour via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Traveler requests a booking of your Tour, you may not request the Traveler to pay a higher price than in the booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post.
When you create a Listing, you also include certain requirements which must be met by the Members who are eligible to request a booking of your Tour, such as requiring Members to have a profile picture or verified ID or verified SNS, in order to book your Tour. Any Member wishing to book Tours included in Listings with such requirements must meet these requirements. GoGtour recommends that Guides obtain appropriate insurance for their Tours.
Bookings and booking terms
"Tour Fees" means the amounts that are due and payable by a Traveler in exchange for that Traveler's use in a Tour. The Guide alone, and not GoGtour, is responsible for the Tour Fees for his or her Listing.
- "Ticket Fees" (can be zero) means the fee that Guide charges a Traveler for the use of the Tickets in tourist spot where requires tickets;
- "Transportation Fees" (can be zero) means the fee that Guide charges a Traveler for the use of the transportation (public or private);
- "Take a break Fees" (can be zero) means the fee that Guide charges a Traveler for the use of the Services,
- "Spend the night Fees" (can be zero) means the fee that Guide charges a Traveler for the use of accomodation to spend the night (commercial or private);
- "Accessories Fees" (can be zero) means the fee that Guide charges a Traveler for the use of other accessories during the tour ;
- "Guide Fees" (maybe zero) means the fee that Guide charges a Traveler for the use of his or her guide during the tour.
"Traveler Fees" means the fee that GoGtour charges a Traveler for the use of the Services, which is calculated as a percentage of the applicable Tour Fees. The Traveler Fees will be displayed to the Traveler when the Traveler is asked whether to send a booking request to a Guide. Traveler Fees are free for students, the handicapped and currently free for everyone.
"Total Fees" meansl total of the Tour Fees and the Traveler Fees.
If you are a Guide and a booking is requested for your Tour via the Site, Application or Services, you will be required to either confirm or reject the booking request.
If you are a Traveler, choose to enter into a transaction with a Guide for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Guide. You acknowledge and agree that you, and not GoGtour, will be responsible for performing the obligations of any such agreements, that GoGtour is not a party to such agreements. You acknowledge and agree that, notwithstanding the fact that GoGtour is not a party to the agreement between you and the Guide. The Total Fees payable will be displayed to a Traveler before the Traveler sends a booking request to a Guide.
The currency is U.S. dollars only.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, without limitation, zoning restrictions;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including but not limited to their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, but not limited tothrough the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam");
- "stalk" or harass any users of our Site, Application, Services or Collective Content, or collect, store any personally identifiable information about any other users other than for purposes of transacting as an GoGtour Traveler or Guide;
- register for more than one GoGtour Account or register for an GoGtour Account on behalf of an individual other than yourself;
- contact a Guide for any purpose other than asking a question related to a booking, such Guide's Listings;
- contact a Traveler for any purpose other than asking a question related to a booking or such Traveler's use of the Site, Application and Services;
- recruit or otherwise solicit any Guide or other Member to join third-party services or websites that are competitive to GoGtour, without GoGtour's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Guide or Traveler and then complete a booking of a Tour independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to GoGtour's provision of the Services or for any other reasons;
- as a Guide, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, GoGtour's name, any GoGtour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without GoGtour's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, GoGtour's computer systems, or the technical delivery systems of GoGtour's providers;
- attempt to probe, scan, or test the vulnerability of any GoGtour system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GoGtour or any of GoGtour's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing.
- accept or make a payment for Tour Fees outside GoGtour Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold GoGtour harmless from any liability for such payment.
GoGtour has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GoGtour may access, preserve and disclose any of your information.
- BREAK THE LAW;
- VIOLATE THE TERMS OF SERVICE;
- ATTEMPT TO UNAUTHORIZED USE, DAMAGE OUR SITE, SERVICE, WORK THROUGH ANY MEANS.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws.
GoGtour Content and Member Content
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to GoGtour a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. GoGtour does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that GoGtour is not responsible or liable.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of GoGtour used herein are trademarks or registered trademarks of GoGtour. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication.
GoGtour respects intellectual property of others, follow intellectual law and expects its users to do the same.
Suspension, Termination and Cancellation of GoGtour Account
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or terminate your GoGtour Account. Please note that if your GoGtour Account is cancelled or terminated, we do not have any obligations to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback. If you have problems with Suspension, Termination and Cancellation of GoGtour Account, please contact us to solve the problems.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE, YOU DO SO AT YOUR SOLE RISK. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOGTOUR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
GOGTOUR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GOGTOUR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, GUIDES, TRAVELERS, YOUR ACCRUAL OF GOGTOUR TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOGTOUR OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR TRAVELERS. GOGTOUR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. GOGTOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. USERS SHALLTAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GOGTOUR.
NOTWITHSTANDING GOGTOUR'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE GUIDES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE GUIDES, GOGTOUR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- THE ACCURACY AND TRUTHFULNESS OF CONTENT PROVIDED BY MEMBERS;
- QUALITY OF THE SERVICES PROVIDED BY GUIDES OR THE PERFORMANCE OF TRAVELERS;
- COMMUNICATIONS AND INTERACTIONS BETWEEN MEMBERS OR OTHER PERSONS, THIRD PARTIES AS A RESULT OF YOUR USE OF GOGTOUR. YOU SHALL TAKE REASONABLE PRECAUTIONS.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the Federal laws.